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Home My WebLink About20150712 Ver 1_Approval Letter_20150821ERR ri r North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vai Governor Secretary August 21, 2015 DWR.# 15 -0712 _ Clay County - USDA Forest Service Attn: Kristin Bail 160 Zillicoa Street, Suite Asheville, NC 28801 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS - - LittleBuckCreekDecommissioning - & Stream Improvements Dear Ms. Bail: -- You have our approval for the impacts listed below for the purpose described in your application dated July 15, 2015, received by the Division of Water Resources (Division) on July 20, 2015. These impacts are covered by the `attached Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nation Wide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with - your project, including those required. by (but not limited to) Sediment and Erosion Control, - Non - Discharge, and Water Supply Watershed regulations. - This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1.. The following . impacts are hereby approved provided that all of the other specific and (general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and /or (c)] Division of Water Resources — Asheville Regional 0 ice 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828- 296 -45001 FAH: 828- 299 -7043 Internet: empum waterqualify.org M Equal Oppormmity IA(Oima lve AClloo Employer —Made In pan by recycled paper Type of Impact �W1 S1 S2 S3 01 Amount Approved (units) Permanent 1 0.2 acres 500 ft. 50 ft. 50 ft. 0.4 acres USDA Forest Service D W Rq 15 -0712 , 401 APPROVAL Page 2 of 3 Amount Approved (units) Temporary 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee.. If the property is sold, the new owner must be given a copy of this approval letter and General Certification (s) /Permit /Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. - Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, . or vegetation may require future repairs or replacement, -which requires coordination with the Asheville Regional- Office to ensure the stability and water quality, of the stream and downstream waters. [15A NCAC 02H .0506(6)(2) and (b)(3)] This approval and its conditions are final and binding unless contested. G.S. 143 - 215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty calendar days. A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business . days following the faxed transmission. USDA Forest Service DWR# 15 -0712 401APPROVAL Page 3 of 3 Mailing address for the OAH If sending via US Postal Service: If sending via deliveryservice (UPS, Fedfx, etc): Office of Administrative Hearings - Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Tim Fox at 828 -296 -4664 or tim.foxPncdenr.gov if you have any questions or concerns. - Sincerely, C G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certification of Completion ec: Brady Dodd — USDA Forest Service David Brown - USACE Asheville Regulatory Field Office Andrea Leslie — NCWRC Fred Walker — DEMLR cc: DWR ARO 401 file DWR 401 & Buffer Permitting Unit file G \WR \Wq \Clay \401s \Non- DOT\Little Buck Creek Dam Decomm\ APRVL403LidleBuckCmekDamDecommissing8- 21- 2015.doce i